2015 Special 301 Out-of-Cycle Review of Notorious Markets: Request for Public Comments, 54651-54652 [2015-22761]
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Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Notices
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Dated: August 4, 2015.
John F. Kerry,
Secretary of State.
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[FR Doc. 2015–22880 Filed 9–9–15; 8:45 am]
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17:28 Sep 09, 2015
[Docket No. USTR–2015–0016]
2015 Special 301 Out-of-Cycle Review
of Notorious Markets: Request for
Public Comments
Office of the United States
Trade Representative.
ACTION: Notice of request for public
comments.
AGENCY:
The Office of the United
States Trade Representative (USTR)
requests written comments from the
public identifying Internet and physical
markets based outside the United States
that should be included in the 2015
Notorious Markets List. In 2010, USTR
began publishing the Notorious Markets
List separately from the annual Special
301 Report as an ‘‘Out-of-Cycle
Review.’’ The Notorious Markets List
(List) identifies online and physical
marketplaces that reportedly engage in
and facilitate substantial copyright
piracy and trademark counterfeiting.
DATES: The deadline for interested
parties to submit written comments is
11:59 p.m. (EDT) on October 5, 2015.
Interested parties who wish to provide
rebuttal or other information to be
considered during the review may do so
through this docket until 11:59 p.m.
(EDT) on October 12, 2015.
ADDRESSES: All written comments
should be filed electronically via
www.regulations.gov, Docket Number
USTR–2015–0016, and be consistent
with the requirements set forth below.
When filing a submission, please
include the phrase ‘‘2015 Out-of-Cycle
Review of Notorious Markets’’ in the
‘‘Type Comment’’ field.
FOR FURTHER INFORMATION CONTACT:
Christine Peterson, Director for
Intellectual Property and Innovation,
Office of the United States Trade
Representative, at Special301@
ustr.eop.gov. Information on the Special
301 Review, including the Notorious
Markets List, is available at
www.ustr.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
[FR Doc. 2015–22849 Filed 9–9–15; 8:45 am]
VerDate Sep<11>2014
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Jkt 235001
1. Background
The United States is concerned with
trademark counterfeiting and copyright
piracy on a commercial scale because
they cause significant financial losses
for rights holders, legitimate businesses,
and governments, undermine critical
U.S. comparative advantages in
innovation and creativity to the
detriment of American workers, and
potentially pose significant risks to
consumer health and safety as well as
PO 00000
Frm 00141
Fmt 4703
Sfmt 4703
54651
privacy and security. The List identifies
select online and physical marketplaces
that reportedly engage in or facilitate
substantial copyright piracy and
trademark counterfeiting.
Beginning in 2006, USTR identified
notorious markets in the annual Special
301 Report. In 2010, pursuant to the
Administration’s 2010 Joint Strategic
Plan on Intellectual Property
Enforcement, USTR announced that it
would begin publishing the List as an
Out-of-Cycle Review, separately from
the annual Special 301 Report. USTR
published the first such List in February
2011. USTR develops the annual List
based upon public comments solicited
through the Federal Register and in
consultation with other Federal agencies
that serve on the Special 301
Subcommittee of the Trade Policy Staff
Committee.
The United States encourages owners
and operators of markets reportedly
involved in piracy and counterfeiting to
adopt business models that rely on the
licensed distribution of legitimate
content and products and to work with
rights holders and enforcement officials
to address infringement. We also
encourage responsible government
authorities to intensify their efforts to
investigate reports of piracy and
counterfeiting in such markets, and to
pursue appropriate enforcement actions.
The List does not purport to reflect
findings of legal violations, nor does it
reflect the United States Government’s
analysis of the general intellectual
property rights (IPR) protection and
enforcement climate in the country or
countries concerned. For an analysis of
the IPR climate in particular countries,
please refer to the annual Special 301
Report, published each spring no later
than 30 days after USTR submits the
National Trade Estimate to Congress.
2. Public Comments
a. Written Comments
USTR invites written comments from
the public concerning examples of
Internet and physical notorious markets,
including foreign trade zones that
allegedly facilitate substantial trademark
counterfeiting and copyright piracy.
Commenters are requested to support
their nominations with the information
listed in Section 2.b.
b. Requirements for Comments
To receive full consideration, written
comments should be as detailed as
possible. Comments must clearly
identify the market and the reason or
reasons why the commenter considers
that the market should be included in
the Notorious Markets List.
E:\FR\FM\10SEN1.SGM
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54652
Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Notices
Commenters are strongly encouraged
to include the following information, as
applicable:
• If a physical market, the market’s
name and location, e.g., common name,
street address, neighborhood, shopping
district, city, etc., and the identity of the
principal owners/operators;
• if an online market, the domain
name(s) past and present, available
registration information, and name(s)
and location(s) of the hosting
provider(s);
• whether the physical or online
market is owned, operated, or otherwise
affiliated with a government entity;
• types of counterfeit or pirated
products or services sold, traded,
distributed, or otherwise made available
in or at that market;
• volume of transactions in
counterfeit or pirated goods or services
or other indicia of a market’s scope,
scale, or reach or relative significance in
a given geographic area or with respect
to a category of goods or services; if an
online market, information on the
volume and type of Internet traffic
associated with the Web site, including
number of visitors, number of page
views, average time spent on the site by
visitors, estimate of the number of
infringing items sold or traded and
number of files streamed, shared,
seeded, leeched, downloaded,
uploaded, or otherwise distributed or
reproduced, and global or country
popularity rating (e.g., Alexa rank);
• if an online market, revenue sources
such as sales, subscriptions, donations,
upload incentives or advertising and the
methods by which that revenue is
collected;
• estimates of economic harm to the
rights holder resulting from the piracy
or counterfeiting and a description of
the methodology used to calculate the
harm;
• whether the goods or services sold,
traded, distributed, or made available
pose a risk to public health or safety;
• any known contractual, civil,
administrative, or criminal enforcement
activity against the market and the
effectiveness of that enforcement
activity;
• additional actions taken by the
market owners or operators to remove,
limit or discourage the availability of
counterfeit or pirated goods or services,
including removing or disabling access
to such goods or services, issuing and
enforcing guidelines prohibiting the
posting of such goods or services, or
cooperating in enforcement efforts; and
• any additional information relevant
to the review.
VerDate Sep<11>2014
17:28 Sep 09, 2015
Jkt 235001
c. Instructions for Submitting Comments
Comments must be in English. To
ensure the timely receipt and
consideration of comments, USTR
strongly encourages commenters to
submit comments electronically, using
the www.regulations.gov Web site. To
submit comments via
www.regulations.gov, enter Docket
Number USTR–2015–0016 on the home
page and click ‘‘Search.’’ The site will
provide a search-results page listing all
documents associated with this docket.
Find the reference to this notice and
click on the link entitled ‘‘Comment
Now!.’’ For further information on using
the www.regulations.gov Web site,
please consult the resources provided
on the site by clicking on ‘‘How to use
Regulations.gov’’ at the bottom of the
home page under ‘‘Help.’’
The www.regulations.gov Web site
allows users to provide comments by
filling in a ‘‘Type Comment’’ field, or by
attaching a document using an ‘‘Upload
File’’ field. USTR prefers that comments
be provided in an attached document. If
a document is attached, please type
‘‘2015 Out-of-Cycle Review of Notorious
Markets’’ in the ‘‘Type Comment’’ field.
USTR prefers submissions in Microsoft
Word (.doc) or Adobe Acrobat (.pdf)
format. If the submission is in another
file format, please indicate the name of
the software application in the ‘‘Type
Comment’’ field. File names should
reflect the name of the person or entity
submitting the comments. Please do not
attach separate cover letters to
electronic submissions; rather, include
any information that might appear in a
cover letter in the comments
themselves. Similarly, to the extent
possible, please include any exhibits,
annexes, or other attachments in the
same file as the comment itself, rather
than submitting them as separate files.
A person requesting that information
contained in a comment submitted by
that person be treated as confidential
business information must certify that
such information is business
confidential and would not customarily
be released to the public by the
submitter. In the document, confidential
business information must clearly be
designated as such; the submission must
be marked ‘‘BUSINESS
CONFIDENTIAL’’ on the cover page and
each succeeding page, and the
submission should clearly indicate, via
brackets, highlighting, or other means,
the specific information that is business
confidential. Additionally, the submitter
should type ‘‘Business Confidential
2015 Out-of-Cycle Review of Notorious
Markets’’ in the ‘‘Type Comment’’ field.
Anyone submitting a comment
PO 00000
Frm 00142
Fmt 4703
Sfmt 4703
containing business confidential
information must also submit, as a
separate submission, a non-business
confidential version of the submission,
indicating where the business
confidential information has been
redacted. The file names of both
documents should reflect their status—
‘‘BC’’ for the business confidential
version and ‘‘P’’ for the public version.
The non-business confidential version
will be placed in the docket at
www.regulations.gov and be available
for public inspection.
As noted, USTR strongly urges
commenters to submit comments
through www.regulations.gov. Any
alternative arrangements must be made
in advance of transmitting a comment
and in advance of the relevant deadline
by contacting USTR at Special301@
ustr.eop.gov.
3. Inspection of Comments
Comments received will be placed in
the docket and open to public
inspection pursuant to 15 CFR 2006.13,
except business confidential
information exempt from public
inspection in accordance with 15 CFR
2006.15. Comments may be viewed free
of charge by visiting
www.regulations.gov and entering
Docket Number USTR–2015–0016 in the
‘‘Search’’ field on the home page.
Probir Mehta,
Acting Assistant United States Trade
Representative (AUSTR) for Intellectual
Property and Innovation, Office of the United
States Trade Representative.
[FR Doc. 2015–22761 Filed 9–9–15; 8:45 am]
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Federal Aviation
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SUMMARY:
E:\FR\FM\10SEN1.SGM
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[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)]
[Notices]
[Pages 54651-54652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22761]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. USTR-2015-0016]
2015 Special 301 Out-of-Cycle Review of Notorious Markets:
Request for Public Comments
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of request for public comments.
-----------------------------------------------------------------------
SUMMARY: The Office of the United States Trade Representative (USTR)
requests written comments from the public identifying Internet and
physical markets based outside the United States that should be
included in the 2015 Notorious Markets List. In 2010, USTR began
publishing the Notorious Markets List separately from the annual
Special 301 Report as an ``Out-of-Cycle Review.'' The Notorious Markets
List (List) identifies online and physical marketplaces that reportedly
engage in and facilitate substantial copyright piracy and trademark
counterfeiting.
DATES: The deadline for interested parties to submit written comments
is 11:59 p.m. (EDT) on October 5, 2015. Interested parties who wish to
provide rebuttal or other information to be considered during the
review may do so through this docket until 11:59 p.m. (EDT) on October
12, 2015.
ADDRESSES: All written comments should be filed electronically via
www.regulations.gov, Docket Number USTR-2015-0016, and be consistent
with the requirements set forth below. When filing a submission, please
include the phrase ``2015 Out-of-Cycle Review of Notorious Markets'' in
the ``Type Comment'' field.
FOR FURTHER INFORMATION CONTACT: Christine Peterson, Director for
Intellectual Property and Innovation, Office of the United States Trade
Representative, at Special301@ustr.eop.gov. Information on the Special
301 Review, including the Notorious Markets List, is available at
www.ustr.gov.
SUPPLEMENTARY INFORMATION:
1. Background
The United States is concerned with trademark counterfeiting and
copyright piracy on a commercial scale because they cause significant
financial losses for rights holders, legitimate businesses, and
governments, undermine critical U.S. comparative advantages in
innovation and creativity to the detriment of American workers, and
potentially pose significant risks to consumer health and safety as
well as privacy and security. The List identifies select online and
physical marketplaces that reportedly engage in or facilitate
substantial copyright piracy and trademark counterfeiting.
Beginning in 2006, USTR identified notorious markets in the annual
Special 301 Report. In 2010, pursuant to the Administration's 2010
Joint Strategic Plan on Intellectual Property Enforcement, USTR
announced that it would begin publishing the List as an Out-of-Cycle
Review, separately from the annual Special 301 Report. USTR published
the first such List in February 2011. USTR develops the annual List
based upon public comments solicited through the Federal Register and
in consultation with other Federal agencies that serve on the Special
301 Subcommittee of the Trade Policy Staff Committee.
The United States encourages owners and operators of markets
reportedly involved in piracy and counterfeiting to adopt business
models that rely on the licensed distribution of legitimate content and
products and to work with rights holders and enforcement officials to
address infringement. We also encourage responsible government
authorities to intensify their efforts to investigate reports of piracy
and counterfeiting in such markets, and to pursue appropriate
enforcement actions.
The List does not purport to reflect findings of legal violations,
nor does it reflect the United States Government's analysis of the
general intellectual property rights (IPR) protection and enforcement
climate in the country or countries concerned. For an analysis of the
IPR climate in particular countries, please refer to the annual Special
301 Report, published each spring no later than 30 days after USTR
submits the National Trade Estimate to Congress.
2. Public Comments
a. Written Comments
USTR invites written comments from the public concerning examples
of Internet and physical notorious markets, including foreign trade
zones that allegedly facilitate substantial trademark counterfeiting
and copyright piracy. Commenters are requested to support their
nominations with the information listed in Section 2.b.
b. Requirements for Comments
To receive full consideration, written comments should be as
detailed as possible. Comments must clearly identify the market and the
reason or reasons why the commenter considers that the market should be
included in the Notorious Markets List.
[[Page 54652]]
Commenters are strongly encouraged to include the following
information, as applicable:
If a physical market, the market's name and location,
e.g., common name, street address, neighborhood, shopping district,
city, etc., and the identity of the principal owners/operators;
if an online market, the domain name(s) past and present,
available registration information, and name(s) and location(s) of the
hosting provider(s);
whether the physical or online market is owned, operated,
or otherwise affiliated with a government entity;
types of counterfeit or pirated products or services sold,
traded, distributed, or otherwise made available in or at that market;
volume of transactions in counterfeit or pirated goods or
services or other indicia of a market's scope, scale, or reach or
relative significance in a given geographic area or with respect to a
category of goods or services; if an online market, information on the
volume and type of Internet traffic associated with the Web site,
including number of visitors, number of page views, average time spent
on the site by visitors, estimate of the number of infringing items
sold or traded and number of files streamed, shared, seeded, leeched,
downloaded, uploaded, or otherwise distributed or reproduced, and
global or country popularity rating (e.g., Alexa rank);
if an online market, revenue sources such as sales,
subscriptions, donations, upload incentives or advertising and the
methods by which that revenue is collected;
estimates of economic harm to the rights holder resulting
from the piracy or counterfeiting and a description of the methodology
used to calculate the harm;
whether the goods or services sold, traded, distributed,
or made available pose a risk to public health or safety;
any known contractual, civil, administrative, or criminal
enforcement activity against the market and the effectiveness of that
enforcement activity;
additional actions taken by the market owners or operators
to remove, limit or discourage the availability of counterfeit or
pirated goods or services, including removing or disabling access to
such goods or services, issuing and enforcing guidelines prohibiting
the posting of such goods or services, or cooperating in enforcement
efforts; and
any additional information relevant to the review.
c. Instructions for Submitting Comments
Comments must be in English. To ensure the timely receipt and
consideration of comments, USTR strongly encourages commenters to
submit comments electronically, using the www.regulations.gov Web site.
To submit comments via www.regulations.gov, enter Docket Number USTR-
2015-0016 on the home page and click ``Search.'' The site will provide
a search-results page listing all documents associated with this
docket. Find the reference to this notice and click on the link
entitled ``Comment Now!.'' For further information on using the
www.regulations.gov Web site, please consult the resources provided on
the site by clicking on ``How to use Regulations.gov'' at the bottom of
the home page under ``Help.''
The www.regulations.gov Web site allows users to provide comments
by filling in a ``Type Comment'' field, or by attaching a document
using an ``Upload File'' field. USTR prefers that comments be provided
in an attached document. If a document is attached, please type ``2015
Out-of-Cycle Review of Notorious Markets'' in the ``Type Comment''
field. USTR prefers submissions in Microsoft Word (.doc) or Adobe
Acrobat (.pdf) format. If the submission is in another file format,
please indicate the name of the software application in the ``Type
Comment'' field. File names should reflect the name of the person or
entity submitting the comments. Please do not attach separate cover
letters to electronic submissions; rather, include any information that
might appear in a cover letter in the comments themselves. Similarly,
to the extent possible, please include any exhibits, annexes, or other
attachments in the same file as the comment itself, rather than
submitting them as separate files.
A person requesting that information contained in a comment
submitted by that person be treated as confidential business
information must certify that such information is business confidential
and would not customarily be released to the public by the submitter.
In the document, confidential business information must clearly be
designated as such; the submission must be marked ``BUSINESS
CONFIDENTIAL'' on the cover page and each succeeding page, and the
submission should clearly indicate, via brackets, highlighting, or
other means, the specific information that is business confidential.
Additionally, the submitter should type ``Business Confidential 2015
Out-of-Cycle Review of Notorious Markets'' in the ``Type Comment''
field. Anyone submitting a comment containing business confidential
information must also submit, as a separate submission, a non-business
confidential version of the submission, indicating where the business
confidential information has been redacted. The file names of both
documents should reflect their status--``BC'' for the business
confidential version and ``P'' for the public version. The non-business
confidential version will be placed in the docket at
www.regulations.gov and be available for public inspection.
As noted, USTR strongly urges commenters to submit comments through
www.regulations.gov. Any alternative arrangements must be made in
advance of transmitting a comment and in advance of the relevant
deadline by contacting USTR at Special301@ustr.eop.gov.
3. Inspection of Comments
Comments received will be placed in the docket and open to public
inspection pursuant to 15 CFR 2006.13, except business confidential
information exempt from public inspection in accordance with 15 CFR
2006.15. Comments may be viewed free of charge by visiting
www.regulations.gov and entering Docket Number USTR-2015-0016 in the
``Search'' field on the home page.
Probir Mehta,
Acting Assistant United States Trade Representative (AUSTR) for
Intellectual Property and Innovation, Office of the United States Trade
Representative.
[FR Doc. 2015-22761 Filed 9-9-15; 8:45 am]
BILLING CODE 3290-F5-P